Dos Picos Land Limited Partnership v Pima County

Court Of Appeals of Arizona, Division Two, 2 CA-CV 2009-0186, Aug. 31, 2010: Attorney fees may not be awarded to a private landowner who prevails in a regulatory taking case pursuant to A.R.S. § 11-972(B). The court analyzed the statute and concluded that attorney fees may be awarded only in a physical taking matter and reviewed the differences between a physical taking and a regulatory taking. A mountain ridge dividing the northern portion of the privately-owned Dos Picos’s land from the southern portion was declared a “protected ridge” by the county, which meant a special use permit from Pima County was then required in order to develop it. The southern portion was surrounded by county parkland with no road access. Dos Picos sought a special use permit to build a road across the protected ridge in order to connect the northern and southern portions of its land, but Pima County denied its request. Eventually, Dos Picos sued for inverse condemnation, arguing the county’s actions constituted a governmental taking of private property to incorporate the private land into Tucson Mountain Park. The trial court agreed and awarded Dos Picos attorney fees in addition to compensation for the land value.

Amending Massachusetts Restrictions

Amending Massachusetts Conservation and Preservation Restrictions 2017 is a detailed analysis, updated and revised for 2017, of the law one should be aware of when considering an amendment to an existing conservation restriction or historic preservation restriction in Massachusetts and when drafting the amendments provisions of a new restriction. Among the 2017 changes is an entirely revised section about the federal income tax deduction for a qualified conservation contribution, including recent developments.

Got news?

Submit news about relevant court decisions by emailing to jbockian@bockianlaw.com with "PLD" in the subject. Please include your name. Items that are used by PLD will be attributed unless you request otherwise.

To Subscribe:

Click the Reader, Email or Comments button at the top right of this page to select how you want to get the latest feed from PLD. Click here for Feedly reader: